N4008523B2500 I SWOS Elevated Walkway Soffit Repairs Solicitation.pdf

Project Title: Elevated Walkw ay Soff it Repairs (Building 1362 to Building 446)

Location: Naval Station New port, New port, Rhode Island

This project is a 100% set-aside for small business concerns

NAICS Code: 236220 -- Commercial and Institutional Building Construction

PSC Code: Z2CA -- Repair or Alteration of Schools

Project Magnitude: Betw een $25,000 and $100,000

Contract Completion Date: (180) Calendar Days from Aw ard

NOTE: Offerors must execute blocks 14 through 20(c) on reverse.

X

CAMERON H. ORMISTON 401-841-1564

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED

18-Oct-2022

(RFP)

(IFB)

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

X

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________180 calendar days after receiving aw ard, notice to proceed. This performance period is X mandatory, negotiable. (See _________________________FAR 52.11-10

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and __________1 copies to perform the w ork required are due at the place specified in Item 8 by ___________ local time ______________22 Nov 2022 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

NAVFACSYSCOM MID-ATLANTIC

PWD NEWPORT

BLDG 1 SIMONPIETRI DRIVE

NAVAL STATION NEWPORT

NEWPORT RI 02841-1712

N40085

PAGE OF PAGES

1 OF

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

02:00 PM (hour)

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

FAX:TEL: TEL: FAX:

N4008523B2500 60

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY

(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .

gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(M ust be fully completed by offeror)OFFER

N4008523B2500

Section 00 01 10 - Table of Contents

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Attachment 1 - SWOS

Elevated Walkway Scope of Work

16 18-OCT-2022

Section 00 10 00 - Solicitation

INSTRUCTIONS TO OFFERORS

1. INSTRUCTIONS FOR CONTRACTOR

THE FOLLOWING DOCUMENTS SHALL BE SUBMITTED WITH THE BID:

• Standard Form 1442, Solicitation, Offer and Award, including signature

• Acknowledge Amendments (if applicable)

• Bid Bond Guarantee (FAR 52.228-1(c)) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is less.

FAILURE TO SUBMIT ANY OF THE ABOVE INFORMATION MAY RESULT IN THE

BIDDER BEING REJECTED AS NONRESPONSIVE PER FAR 14.301(a).

2. POINT OF CONTACT

All questions concerning this solicitation shall be addressed in writing to Cam Ormiston at email address: cameron.h.ormiston.civ@us.navy.mil

3. CHANGES TO SOLICITATION

All changes will be issue via Amendment and posted to the Contract Opportunities website at https://beta.sam.gov/ It is the contractor’s responsibility to monitor for any changes or updates.

ALL REQUESTS FOR INFORMATION (RFI) ARE REQUESTED TO BE SUBMITTED NO LATER THAN:

11 November 2022 at 2:00PMEST. RFIs submitted after the cut-off date may not receive a response. All question(s) should be submitted via E-mail to the POC listed above, to include the solicitation number and contract title in the subject line of the Email.

4.. LIQUIDATED DAMAGES

See FAR Clause 52.211-12, Liquidated Damages – Construction

5. MINIMUM INSURANCE REQUIREMENTS

A. The contractor shall procure and maintain during the entire period of performance under this contract the following minimum insurance coverage (also refer to FAR 52.228-5):

1. Comprehensive General Liability: $500,000 per occurrence.

2. Automobile Liability: $200,000 per person, $500,000 per occurrence, $20,000 per occurrence for property damage.

3. Workmen’s Compensation: As required by Federal and State workers’ compensation and occupational disease laws.

4. Employer’s Liability Coverage: $100,000 except in states where workers compensation may not be written by private carriers.

5. Others as required by State of Rhode Island.

B. . Prior to commencement of work, the contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by laws of the state in which the contract, N40085-23-B-2500 is to be performed, and in no event less than thirty (30) calendar days after written notice thereof to the Contracting Officer.

C. The Contractor agrees to insert the substance of this clause, including this paragraph (c), in all subcontracts hereunder.

Cancellation Language: The cancellation language must state, "Any cancellation or any change in the limits of liability shall not be effective (1) for such period as the laws of the state in which this contract is to be performed prescribe or (2) until 30 days after the insurer gives written notice to the Contracting Officer, whichever period is longer.” Wording such as "will endeavor to mail notice" or “failure to mail such notice shall impose no obligation or liability" does not comply with the contract requirements and therefore are not acceptable.

6. BADGING

Send Visitor Base Access Requests via email to kim.a.prashaw.civ@us.navy.mil & Please CC cameron.h.ormiston.civ@us.navy.mil . Allow five (5) business days for the badging process. Weekends, holidays, and the submission day of the badging request are not included in the five-day (5) timeframe. Base Access Request form is Attachment 2 included with solicitation

IF YOU PLAN ON ATTENDING THE SITE VISIT PLEASE RSVP to cameron.h.ormiston.civ@us.navy.mil WHEN VETTING FORMS HAVE BEEN SUBMITTED TO KIM

PRASHAW

7. PRE-SITE VISIT & REQUIREMENTS:

DATE: 9 November 2022 at 11:00AM EST (Please meet at Building 1362, Naval Station Newport, Rhode Island)

a. All visitors must show valid photo identification to enter. All vehicles must have current registration and insurance.

b. All visitors must be U.S. citizens.

SITE VISIT RESTRICTIONS: None

8. CONTRACTOR EVALUATION PERFORMANCE REPORTING SYSTEM (CPARS)

The Contractor is required to provide the Government with the name, telephone phone number, and e-mail address of the Contractor’s Representative who will be responsible for the receipt and review of draft performance evaluations prepared by the Government. It is the Contractor’s responsibility to keep this contact information current. Review CPARS requirements at https://cpars.csd.disa.mil .

9. EMPLOYMENT ELIGIBILITY VERIFICATION

If contractor is not enrolled as a Federal Contractor in E-verify at time of award, then the Contractor shall enroll a Federal Contractor in E-verify within thirty (30) calendar days of contract award. Refer to FAR Clause 52.222-54 for further instructions

10. WIDE AREA WORK FLOW (WAWF) INVOICE PROCESSING

The contractor will utilize electronic invoice processing. Refer to Defense Federal Acquisition Supplement (DFARS) Clauses 252.232-7006 and 252.232-7003 for further information.

11. DEPLOYMENT OF SUBCONTRACT REPORTING REQUIREMENTS

A requirement has been implemented regarding the Federal Funding Accountability and Transparency Act. Refer to FAR Clause 52.204-10 for reporting instructions by the Prime Contractor.

12. DELIVERY OF BID

Bids are due by 22 November 2022 at 2:00PM EST. Due to the COVID-19 Pandemic, all bids will be submitted electronically to the following points of contact:

cameron.h.ormiston.civ@us.navy.mil

If you prefer to send via Mail: Packages of bids please submit to the following mailing address:

ATTN: Cam Ormiston

NAVFAC MIDLANT – PWD/FEAD

Naval Station Newport Bldg. 1 Simonpietri Drive Newport, RI 02841-1712

13. BASIS FOR AWARD: Lowest Price Acceptable

EVALUATION:

1. As stated in the solicitation, the Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)).

The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

2. The process is selected as appropriate for this acquisition because the best value is expected to result from selection of the proposal with the lowest evaluated price

14. WHOLE DOLLAR PRICING

Bids will be rounded down to the nearest whole dollar for evaluation and subsequent award purposes. If after rounding takes place there are multiple identical low bidders, FAR 14.408-6 shall apply.

STATEMENT OF WORK

PLEASE SEE ATTACHMENT 1 FOR COMPLETE SCOPE OF WORK

Points of Contact

Contracting Officer: Tracy Gates, 401-841-3407

The contractor shall provide all necessary supervision, labor, material & equipment to complete the work described below, and as indicated in the following attached enclosures and associated specifications:

Enclosure 1 – Bridge Prints Enclosure 2 – Pictures Enclosure 3 – Slat Specs

Background:

Naval Station Newport has a requirement to repair the Bridge that spans between bldg.1362 and 446.

Scope:

This project consist of removing 375 metal slats that are falling from the underneath of the walkway bridge between bldg. 1362/466. Provide and install new (375) 5 inch wide aluminum interlocking slats. The new slats should match existing in color. New slats to be installed shall be aluminum interlocking slats in such a manner as to prevent wind from moving them. See spec sheet for new aluminum slats to be provided.

Locations

The work shall be performed at the following building: SWOS 1362/446

Time for Completion

The project Contraction Completion Date (CCD) shall be (180) calendar days from award.

Examination of the Premises

Contractor shall reference FAR Part 52.236-3 titled “Site Investigation and Conditions Affecting the Work”. Site visits by contractors are encouraged and can be arranged by contacting the Contracting Office.

Inspection and Approval

All material and workmanship shall be subject to the inspection and approval of the COR.

Warranty

Warrant all materials and work for not less than one year after final acceptance of the work. If required to provide remedial repair of previously installed work due to latent defect or unacceptable work performance, warrant the repaired work for one year after the completion and acceptance of the repair. For warranted items, furnish the manufacturer’s original written warranty accompanied by a copy of the supplier's receipt showing place of purchase, telephone number of supplier, address, delivery order number if applicable, and ticket number.

Schedule

Prior to the start of work, prepare and submit to the Contracting Officer a Baseline Construction Schedule in the form of Bar Chart Schedule in accordance with the terms in Contract Clause FAR 52.236-15 Schedules for Construction Contracts, except as modified in this contract. The approval of a Baseline Construction Schedule is a condition precedent to:

a. The Contractor starting demolition work or construction stage(s) of the contract.

b. Processing Contractor's invoice(s) for construction activities/items of work.

c. Review of any schedule updates.

Special Scheduling Requirements/Work Procedures

Work Hours: Unless otherwise indicated, work will be located on a Government compound, military installation, or station. Contractor work hours are between 0700 and 1600 Monday through Friday. Obtain advance approval from the Contracting Officer for Contractor personnel to remain on site beyond normal working hours. Notify the Contracting Officer at least 48 hours in advance to obtain approval for access to the jobsite or work outside of normal working hours or on Saturday, Sunday, and Federal Holidays.

Permission to interrupt any Activity roads, and/or utility service shall be requested in writing a minimum of 15 calendar days prior to the desired date of interruption. Road and Utility interruptions shall be scheduled during off-hours unless approved otherwise.

Existing and adjacent spaces to remain in operation during construction shall be protected from damage, dust, and debris at all times. Damage to any existing spaces, finishes, items, furniture and equipment, as a result of the contractor’s operations, shall be replaced in-kind by the Contractor at no expense to the Government.

Construction work areas shall have complete and secure separation from adjacent occupied areas.

Existing Underground Utilities - Verify on-site utilities and have them marked out by a third party utility locator service prior to the start of construction. Contractor must perform positive identification and locating of existing utilities prior to any concrete chipping, saw cutting, core drilling, or digging of any kind. Determine the elevations of existing utilities and underground obstructions indicated as existing to remain in locations to be traversed by new utilities and other work provided herein before new work is laid closer than the nearest manhole or other structure at which an adjustment in grade could be made. Where dig permits are required, obtain permits and notify the Contracting Officer 30 calendar days prior to any excavation.

Pre-Performance Conference

Within (15) workdays of issuance of the purchase order, the contractor shall contact the Government Representative to schedule a pre-performance conference.

Passes and Badges

All Contractor employees, including subcontractors, subcontractors' employees, suppliers, and suppliers' employees are required to comply with the Installation Security Requirements regarding personnel, vehicle, and equipment security passes and access the jobsite. Nothing in the contract is to be construed in any way to limit the authority of the Commanding Officer to prescribe new, or to enforce existing security regulations governing the admission or exclusion of persons and the conduct of persons while aboard the station, including but not limited to, the rights of search of all persons or vehicles aboard the station.

All Contractor employees shall obtain the required employee and vehicle passes.

For Naval Station Newport Base Access Procedures, please see https://www.cnic.navy.mil/regions/cnrma/installations/ns_newport/om/fire_and_e mergency_services/Security.html

All NUWCDIVNPT base access is governed by Homeland Security Presidential Directive 12.

Anyone accessing NUWCDIVNPT must be a US citizen and submit a visit request as described below:

NUWCDIVNPT Security - Visitor Request Information:

A visit request is mandatory for all visitors to NUWC Division Newport, government and civilian, regardless of the duration or classification of the visit. Access to NUWC Division Newport will not be granted under any circumstances without a valid visit authorization request on file. DUE TO

THE NUMBER OF

VISIT REQUESTS RECEIVED, SEVEN (7) DAYS PROCESSING TIME IS REQUIRED FOR ALL

VISIT REQUESTS WHETHER RECEIVED BY JPAS OR BY FAX.

Use of the Joint Personnel Adjudication System (JPAS) is the preferred method for submitting visit requests . For visits, the Security Management Office (SMO) for visits is 666045. Include the Contract Number in the space allocated for the POC Phone Number. Questions on visits may be addressed to the NUWCDIVNPT Division at 401-832-2551.

For companies or agencies that are not on JPAS, a visit request must be FAXED to the NUWCDIVNPT Security Division at 401-832-4396 on COMPANY LETTERHEAD, or sent using AMRDEC Safe Access File Exchange (SAFE) using the following email address:

robin.spradling.ctr@navy.mil

The request shall contain the following information:

(1) Visitor ' s full name (Last, First, Middle Initial) - Do not use nicknames.

(2) Company or Organization Name - include complete address, phone number, fax number and

CAGE code.

(3) Visitor 's Social Security Number- This information is protected by the Privacy Act of 1974.

(4) Visitor's Date of Birth

(5) Visitor's Place of Birth (city/ state)

(6) Citizenship

(7) Individual's Level of Clearance Access - This information is verified using JPAS.

(8) Technical Point of Contact (POC at NUWCDIVNPT. (include name and telephone number).

(9) Specific Date(s) of Visit (include the year) (10)Specific Purpose of Visit (to include the classification of the visit\ - All visit s to NUWCDIVNPT are assumed to be classified unless otherwise stated.

(11) Contract number for non-governmental activities

(12) Name, Title and Signature of the Company Official authorizing the visit (This Company

Official may NOT be one of the listed visitors).

(13) Name, title and signature of a company official authorizing the visit (the company official may not be one of the listed visitors).

Visit requests that do not meet the above requirements will be rejected and the visitors will not be granted access.

Safety

Conduct all work in a safe manner and comply with all requirements of the U.S.

Army Corps of Engineers Safety and Health Requirements Manual EM-385-1-1.

The Contractor shall provide an Accident Prevention Plan and Activity Hazard Analysis plan for approval by the COR. Submit within (7) days from issuance of this Purchase Order, and obtain approval prior to start of any construction activities.

Environmental

Soil Management Plan – NOT APPLICABLE

Hazardous Materials – Do not disturb hazardous materials and report condition immediately to the Contracting Officer potentially hazardous conditions that are uncovered or the Contractor becomes aware of that have not been identified in the RFP. This includes hazardous components and materials and contamination (see UFC 3-810-01N, Navy and Marine Corps Environmental Engineering for Facility Construction, for more information). This includes conditions that are not only hazardous to humans but wildlife, marine life and the environment.

Stop work in the area of the questionable material or condition until identification and direction is provided.

ASBESTOS – NOT APPLICABLE

LEAD, CADMIUM, AND CHROMINUM – NOT APPLICALBE

Other Hazardous Materials (For projects that require disturbance or removal): NOT

APPLICABLE

Hazardous Materials Disclosure Statements

Identify hazardous material and provide Safety Data Sheets of all hazardous material in accordance with EM-385-1-106.B.03e.

If the contracted work involves the use or removal of hazardous material the contractor shall provide both a hazardous material inventory report, hazardous material inventory log and a daily report including an identification and quantity of the hazardous material used or removed to the contracting officer representative.(See enclosure_2)

Submittals Submittals must include documentation that materials are produced or manufactured in the United States in compliance with 48 CFR 25.201.

The Contractor shall submit the following documents required for government approval, prior to the start of any construction activities:

Schedule, Accident Prevention Plan Activity Hazard Analysis Manufacturer’s product data, Shop drawings, Testing data, Manufacturer warranties, Allow review period, beginning with receipt by approving authority that includes at least 20 working days for submittals for Contracting Officer approval. Period of review for submittals with Contracting Officer Representative approval begins when Government receives submittal from the Contractor.

Invoicing Procedures

Invoices rendered under this contract shall be submitted electronically through Wide Area Workflow (WAWF). In accordance with DFARS Clause 252.232-7003 titled “Electronic Submission of Payment Requests”; this contract/order requires use of the DoD WAWF system for the submission of invoices.

Competent Person (CP)

Submit name, address, and telephone number of the CP selected to perform responsibilities specified in paragraph COMPETENT PERSON (CP) RESPONSIBILITIES. Provide documented construction project-related experience for the specified work. (e.g., confined space entry, scaffolding, fall protection or any other activities as specified by OSHA/this manual) shall be identified and included in the AHA, as well as proof of their competency/qualification. Submit proper documentation that the CP is trained and certified in accordance with federal, State and local laws.

Competent Person (CP) Responsibilities

• Verify training meets all federal, State, and local requirements.

• Ensure work is performed in strict accordance with specifications at all times.

• Control work to prevent hazardous exposure to human beings and to the environment at all times.

• Certify the conditions of the work as called for elsewhere in this specification.

• The responsibilities are required but not limited to the work specified in this document. Competent person shall comply with the U.S. Army Corps of Engineers Safety and Health Requirements Manual EM-385-1-1.

• Recognizes or uses correct English grammar, punctuation, and spelling;

• Communicates information (for example, facts, ideas, or messages) in a succinct and organized manner; produces written information, which may include technical material that is appropriate for the contract. Proficient to use todays office technology, and computer software including MS Office with a focus on Microsoft Word, Excel Power Point and the ability to make files into PDF format.

Onsite Weekly Coordination Meetings

Prior to the start of the construction and then on a weekly basis until project completion, the contractor shall conduct a weekly meeting in person at the worksite. The contractor shall prepare current up to date meeting minutes and 3 Week Look Ahead Schedule. As a minimum, accomplish the following at each meeting:

• Review the minutes of the previous meeting.

• Review the schedule and status of work and rework.

• Review the status of submittals.

• Review the work to be accomplished in the next 3 weeks.

• Resolve QC and schedule problems (RFI’s, etc)

• Review Accident Prevention Plan, AHA’s, Worker Safety, Environmental Concerns (Soil Erosion

Protection, etc.), and Waste Management Plan.

Contractor Presence

An employee of the prime contractor who has full authority to make decisions and obligate the prime contractor shall be physically present at any requested key meetings and site visits. Examples of these key meetings include but are not limited to pre-construction meetings, progress meetings, and inspections at the job site.

Sending a subcontractor to represent prime contractor at related meetings is not authorized.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Each SWOS Elevated Walkway Soffit Repairs

FFP

The Contractor shall provide all materials, labor, services, and equipment as necessary to perform the work described in the applicable documents for Elevated Walkway Soffit Repairs. All work shall be done in a manner to provide a complete, usable and finished product FOB: Destination

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 180 dys. ADC NAVAL STATION NEWPORT

KYLEE O'CONNOR

1 SIMONPIETRI DRIVE

NEWPORT RI 02841

401-841-3179

Section 00 70 00 - Conditions of the Contract

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-13 Time Extensions SEP 2000 52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than

Commercial Products and Commercial Services)

JAN 2022

52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999 52.214-10 Contract Award--Sealed Bidding JUL 1990 52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-Construction AUG 1996 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.219-2 Equal Low Bids OCT 1995 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003

52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation

MAY 2018

52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records JUL 2021 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-16 Approval of Wage Rates MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-23 Notice of Requirement for Affirmative Action to Ensure

Equal Employment Opportunity for Construction

FEB 1999

52.222-25 Affirmative Action Compliance APR 1984 52.222-26 Equal Opportunity SEP 2016 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-50 Combating Trafficking in Persons NOV 2021 52.222-55 Minimum Wages for Contractor Workers Under Executive

Order 14026

JAN 2022

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-11 Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons.

JUN 2016

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

52.223-19 Compliance with Environmental Management Systems MAY 2011 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.225-20 Prohibition on Conducting Restricted Business Operations in

Sudan--Certification

AUG 2009

52.227-1 Authorization and Consent JUN 2020 52.228-2 Additional Bond Security OCT 1997 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-11 Individual Surety--Pledge of Assets FEB 2021 52.228-12 Prospective Subcontractor Requests for Bonds MAY 2014 52.228-13 Alternative Payment Protections JUL 2000 52.228-15 Performance and Payment Bonds--Construction JUN 2020 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-27 Prompt Payment for Construction Contracts JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

NOV 2021

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-1 Performance of Work by the Contractor APR 1984 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-4 Physical Data APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-15 Schedules for Construction Contracts APR 1984 52.236-17 Layout of Work APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.236-26 Preconstruction Conference FEB 1995 52.242-14 Suspension of Work APR 1984 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.243-1 Changes--Fixed Price AUG 1987 52.243-5 Changes and Changed Conditions APR 1984 52.244-6 Subcontracts for Commercial Products and Commercial

Services

JAN 2022

52.246-12 Inspection of Construction AUG 1996 52.246-21 Warranty of Construction MAR 1994 52.247-5 Familiarization With Conditions APR 1984 52.247-6 Financial Statement APR 1984 52.247-12 Supervision, Labor, or Materials APR 1984 52.247-34 F.O.B. Destination NOV 1991 52.249-1 Termination For Convenience Of The Government (Fixed

Price) (Short Form)

APR 1984

52.249-2 Termination For Convenience Of The Government (Fixed- Price)

APR 2012

52.249-10 Default (Fixed-Price Construction) APR 1984 52.252-3 Alterations in Solicitation APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7048 Export-Controlled Items JUN 2013 252.225-7050 Disclosure of Ownership or Control by the Government of a

Country that is a State Sponsor of Terrorism

SEP 2021

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7002 Obstruction of Navigable Waterways DEC 1991 252.241-7001 Government Access DEC 1991 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JAN 2021

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

(a) Definitions. As used in this provision--

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that--

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(End of Provision)

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2022)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236220.

(2) The small business size standard is $39,500,000.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(D) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

(a) Definitions. As used in this clause--

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that--

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12;

and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

(c) The Contractor shall maintain…